313 WEST 57 REST. CORP. v. 313 WEST 57TH ASSOCS.


198 A.D.2d 159 (1993)

603 N.Y.S.2d 482

313 West 57 Rest. Corp. et al., Respondents, v. 313 West 57th Associates, Respondent. Panagiotis Fotiadis, Counterclaim Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 23, 1993


We agree with the IAS Court that appellant's failure to post the bond first directed in the order of September 10, 1991 until April 10, 1992 is an unexcused default warranting judgment against him. Even if that order was not "clear and unambiguous", appellant failed again to post the bond within the extended time he was given in the order dated February 28, 1992. Although the latter order was not entered until March 16, 1992, there is no showing that the mailing practices...

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